North Yorkshire Council
General Licensing and Registration Sub-Committee
10 August 2026
Application for grant of a Pavement Licence
The Treasury, 4 Baxtergate, Whitby, North Yorkshire, YO22 4NX
Report of the Corporate Director – Environment
1.0 PURPOSE OF REPORT
1.1 To seek the determination by the General Licensing and Registration Sub-Committee of an application for the grant of a pavement licence (The Business and Planning Act 2020 ‘The Act’).
2.0 Background
2.1 An application for the grant of a pavement licence has been received in respect of the Treasury, 4 Baxtergate, Whitby, YO22 4NX; the application is attached at Appendix A. A map showing the location of the pavement area is attached at Appendix B.
2.2 The application seeks permission to place 10 tables with seating for 33 people, with the addition of six Olive trees. The permitted hours requested in the application are Monday to Sunday: 08:00 – 22:30.
3.0 Statutory considerations
3.1 In exercising its functions under the Business and Planning Act 2020, the Licensing Authority is required to determine applications having regard to the statutory pavement licensing conditions, relevant representations, the rights of highway users and its obligations under the Equality Act 2010. Particular consideration will be given to:
· preventing the obstruction of the public highway
· public safety
· ensuring accessibility for disabled persons and other highway users
· preventing public nuisance
4.0 Consultation and representations
4.1 A total of 25 representations were received in respect of the application, comprising 20 representations in support and 5 objections. In addition, consultation responses were received from North Yorkshire Highways and North Yorkshire Fire and Rescue, neither of whom objected to the application. Copies of the representations and consultation responses are attached at Appendix C.
4.2 The representations objecting to the application are summarised as follows:
· The location experiences high levels of pedestrian footfall and the proposal would reduce the available width of the footway.
· Concerns regarding the proposed layout, barrier arrangements, management of the licensed area and the impact on access to nearby facilities including the nearby post box.
· That the area left for the pedestrians to walk round is not sufficient and may cause a safety issue for anyone walking near the road.
· The proposal may adversely impact users of wheelchairs and mobility scooters, create issues for disabled pedestrians including those who are visually impaired, together with those using prams, buggies and who have young children.
· It would cause a public nuisance to the area, late night disruption and further anti-social behaviour.
· There is no direct access from the premises, servers will have to use the public pavement when carrying food and drink to the pavement area.
· This area with the ammonite seating is a very well used public amenity.
4.3 The representations in support of the application are summarised as follows:
· The proposal is considered to enhance the attractiveness, vibrancy and overall atmosphere of the town centre for residents and visitors.
· The outdoor seating area is viewed as supporting local businesses, increasing footfall and encouraging people to spend more time in the area.
· The applicant is credited with bringing a previously underused building back into active use, with the seating area regarded as a well-maintained feature that contributes positively to the appearance and regeneration of the locality.
4.4 North Yorkshire Council's Highways Department has responded to the consultation, confirming that officers attended a site visit with the applicant and have no objection to the proposed pavement licence, provided an unobstructed pedestrian route is maintained at all times and access to the nearby letter box remains available. Highways also noted that the existing cycle stands may require relocation; however, this was not considered a reason to object to the application.
4.5 North Yorkshire Fire and Rescue have also confirmed they have no objection to the granting of a licence.
4.6 Since submitting the application, the applicant has provided additional information in support of the application, attached at Appendix D. This includes comments regarding the operation of the outdoor seating area, its perceived benefits to the town centre and local businesses, and responses to issues raised during the consultation process, including the proposed relocation of the ammonite sculptures. Members should consider this information alongside all other representations received when determining the application.
5.0 ALTERNATIVE OPTIONS CONSIDERED
5.1 All of the Sub-Committee’s options are outlined at 12.0 of the report. No alternative options are available.
6.0 FINANCIAL IMPLICATIONS
6.1 The costs involved in administering the pavement licensing regime are recovered through fees which are reviewed on an annual basis.
7.0 LEGAL IMPLICATIONS
7.1 Where representations have been received during the consultation period, the Sub-Committee is required to consider those representations when determining the application.
7.2 Following the consultation period, the Council has a period of 14 days (the determination period) within which to determine the application. If the Council does not reach a decision before the expiry of the determination period, the application will be deemed to have been granted.
7.3 The Sub-Committee must also have regard to the statutory pavement licensing guidance issued by the Secretary of State, North Yorkshire Council's Pavement Licensing Policy, its duties under the Equality Act 2010 and the need to ensure that the public highway remains safe and accessible for all users, including disabled persons. Particular consideration should be given to public safety, the prevention of obstruction of the highway, accessibility and the prevention of public nuisance.
7.4 There is no statutory right of appeal against a decision to grant, refuse, revoke or impose conditions on a pavement licence under the Business and Planning Act 2020. Any challenge to the decision would need to be made by way of judicial review.
8.0 CLIMATE CHANGE IMPLICATIONS
8.1 No climate change implications have been identified.
9.0 POLICY IMPLICATIONS
9.1 North Yorkshire Council's Pavement Licensing Policy is relevant to the determination of this application and is attached at Appendix E. The conditions contained within Appendices B and C of the Policy are attached to all granted licences as standard.
9.2 Members should have particular regard to the sections of the Policy relating to:
· Maintaining a safe and unobstructed pedestrian route;
· Accessibility for wheelchair users, visually impaired persons, those with mobility difficulties, and people using pushchairs;
· Public safety considerations;
· Prevention of public nuisance;
· Location and layout of furniture;
· Management and control of licensed areas; and
· Hours of operation.
9.3 Members should also have regard to the Government’s Pavement Licence Guidance, including:
· The recommended minimum widths for unobstructed pedestrian routes;
· The needs of disabled people as required under the Equality Act 2010;
· The cumulative impact of street furniture and pavement licences;
· Existing street furniture and highway infrastructure;
· Pedestrian flows and footfall levels; and
· Access and egress arrangements for the premises.
9.4 Members should consider whether the proposed layout would enable the continued safe use of the highway by all users, including those with protected characteristics under the Equality Act 2010.
10.0 EQUALITIES IMPLICATIONS
10.1 In determining an application for a pavement licence, the Sub-Committee must have regard to its duties under the Equality Act 2010, including the Public Sector Equality Duty. Particular consideration should be given to the impact of the proposed pavement licence on disabled persons and other highway users, and whether the proposed use of the highway would maintain safe and unobstructed access for all users.
10.2 The Sub-Committee should have regard to the statutory pavement licensing guidance and North Yorkshire Council's Pavement Licensing Policy, both of which recognise the importance of maintaining accessible routes and ensuring that pavement furniture does not create unnecessary barriers for disabled persons. Any equalities issues raised through the consultation process should be taken into account when determining the application.
11.0 REASONS FOR OPTIONS
11.1 The application is being referred to the Sub-Committee for determination in accordance with North Yorkshire Council's Scheme of Delegation.
11.2 The Sub-Committee must, having had regard to the application and any relevant representations, take such steps (if any) as it considers appropriate.
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12.0
12.1 |
OPTIONS
The Licensing Committee has the following options: |
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12.2 |
i. To grant the licence as applied for, subject to the statutory conditions and the Council’s standard conditions. ii. To grant the pavement licence subject to modified conditions and/or amendments to the proposed layout, furniture or operating hours considered appropriate; or iii. To refuse the whole or part of the application.
In determining the application, Members must have regard to the statutory guidance issued under the Business and Planning Act 2020 and North Yorkshire Council's Pavement Licensing Policy.
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APPENDICES:
Appendix A – Application
Appendix B – Pavement area map
Appendix C – Representations
Appendix D – Additional information
Appendix E – North Yorkshire Council’s Pavement Licensing Policy
BACKGROUND DOCUMENTS: Business & Planning Act 2020
Karl Battersby
Corporate Director – Environment
County Hall
Northallerton
29 July 2026
Report Author – Gill Mealor – Licensing Enforcement Officer (East)
Presenter of Report – Mark Heaton – Licensing Area Manager (East)
Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.